ANNEX

THE TOWN AND COUNTRY PLANNING (NOTIFICATION OF
APPLICATIONS) (SCOTLAND) DIRECTION 2009

The Scottish Ministers give the following Direction in exercise
of the powers conferred on them by articles 17 and 22(3) of the
Town and Country Planning (General Development Procedure)
(Scotland) Order 1992 and all other powers enabling them in that
behalf:

Citation, commencement and interpretation

1.-(1) This direction may be cited as the Town and
Country Planning (Notification of Applications) (Scotland)
Direction 2009 and comes into force on 1st April 2009.

"environmental statement", "Schedule 2 development" and
"screening opinion" have the same meaning as in the Environmental
Impact Assessment (Scotland) Regulations 1999(
2).

Information to be given to the Scottish
Ministers

2.-(1) Where a planning authority proposes to
grant planning permission for development falling within any of the
descriptions of development listed in the Schedule to this
Direction, it shall send the Scottish Ministers the following
information:

(a) a copy of the planning application, accompanying plans and
associated documentation (e.g. transport/retail assessment),
together with the full address and post-code of the site to be
developed;

(b) a copy of any environmental statement accompanying the
application or, where an environmental statement has not been
prepared:

(i) a copy of any screening opinion given by the planning
authority in respect of any Schedule 2 development; and

(ii) a copy of any environmental report that is relevant to the
development;

(c) a copy of any appropriate assessment relating to the
application, carried out under Part IV of the Conservation (Natural
Habitats, &c.) Regulations 1994 (
3).

(d) copies of all observations submitted by consultees and all
representations and petitions received, together with a list of the
names and addresses of those who have submitted observations/made
representations (including details of any petition organiser if
known). Where 'pro-forma' representations are received, only one
copy example need be submitted, but all names and addresses must be
provided. Copies of petitions should be submitted, but only the
organiser or first named should be included in the list of names
and addresses;

(e) the planning authority's comments on the consultees'
observations and on representations received;

(f) the planning authority's reasons for proposing to grant
planning permission, including, where relevant, a statement setting
out the reasoning (i) behind the authority's decision to depart
from the development plan, and/or (ii) for taking the decision it
has, in light of any objections received
.

(2) Where the planning authority holds the information set out
in sub-paragraphs (a) to (f) above on its website, it may comply
with some or all of the requirement to provide this information to
the Scottish Ministers by means of an e-mail to the Scottish
Government containing a link, or a series of links, to the relevant
pages on the authority's website.

Restriction on grant of planning permission

3. A planning authority must not grant planning
permission for development falling within any of the descriptions
of development listed in the Schedule to this Direction before the
expiry of a period of 28 days beginning with the date notified to
them by the Scottish Ministers as the date of receipt by the
Scottish Ministers of the information which the planning authority
are required to give to the Scottish Ministers under paragraph
2.

4. The following directions are hereby
revoked:

(a) The Town and Country Planning (Notification of Applications)
(Scotland) Direction 2007 (issued with Planning Circular
5/2007).

(b) The Town and Country Planning (Notification of Applications)
(Scotland) Amendment Direction 2007 (issued with Planning Circular
7/2007).

James G Mackinnon
Director and Chief Planner
The Scottish Government
Directorate for the Built Environment
Victoria Quay
Edinburgh
EH6 6QQ

April 2009

SCHEDULE

DESCRIPTIONS OF DEVELOPMENT FOR WHICH APPLICATIONS

MUST BE NOTIFIED TO SCOTTISH MINISTERS

1. Development in which planning authorities have an
interest

Development:

(a) for which the planning authority is the
applicant/developer;

(b) in respect of which the planning authority has a financial
or other (e.g. partnership) interest; or

(c) to be located on land wholly or partly in the planning
authority's ownership or in which it has an interest;

in circumstances where the proposed development would be
significantly contrary to the development plan for the area.

2. Objection by Government agency

(i)
Development Affecting Trunk Roads and Special Roads

Development which has been the subject of consultation with
Scottish Ministers under article 15(1)(j)(i), (ii), (iiA), (iiB) or
(iiC) of the Town and Country Planning (General Development
Procedure) (Scotland) Order 1992, as amended, where the Scottish
Ministers (acting through Transport Scotland) have advised against
the granting of planning permission or have recommended conditions
which the planning authority does not propose to attach to the
planning permission.

(ii)
Development in the Vicinity of Major Hazards

Development which has been the subject of consultation with the
Health and Safety Executive under article 15(1)(f) of the Town and
Country Planning (General Development Procedure) (Scotland) Order
1992 where the Health and Safety Executive has advised against the
granting of planning permission or has recommended conditions which
the planning authority does not propose to attach to the planning
permission.

(iii)
Nature Conservation

Development which has the potential to affect:

(a) a Site of Special Scientific Interest where the site has
been notified to the planning authority by Scottish Natural
Heritage or its predecessors under section 23 of the National Parks
and Access to the Countryside Act 1949, section 28 of the Wildlife
and Countryside Act 1981 or section 3 and section 5 of the Nature
Conservation (Scotland) Act 2004;

(b) a European site as defined in regulation 10 of the
Conservation (Natural Habitats, &c.) Regulations 1994;

(c) a site which has been announced by the Scottish Ministers as
a proposed Special Protection Area or proposed Special Area of
Conservation, or

(d) an area designated by the Scottish Ministers (or a previous
Secretary of State) as a wetland of international importance in
accordance with the 1971 Convention on Wetlands of International
Importance especially as a waterfowl habitat (The Ramsar
Convention);

where Scottish Natural Heritage on being consulted by the
planning authority has indicated that the development may adversely
affect such a site and has advised against granting planning
permission, or has recommended conditions which the planning
authority does not propose to attach to the planning
permission.

(iv)
Scheduled Monuments and Category A Listed Buildings

Development which has been the subject of consultation under
article 15(1)(j)(v) or (vi) of the Town and Country Planning
(General Development Procedure) (Scotland) Order 1992 where the
Scottish Ministers (acting through Historic Scotland) have advised
against the granting of planning permission or have recommended
conditions which the planning authority does not propose to attach
to the planning permission.

(v)
Flooding

Development which has been the subject of consultation with the
Scottish Environment Protection Agency (
SEPA)
under article 15(1)(h)(i) of the Town and Country Planning (General
Development Procedure) (Scotland) Order 1992 where
SEPA has
advised against the granting of planning permission or has
recommended conditions which the planning authority does not
propose to attach to the planning permission.

(vi)
Playing Fields

Development which is likely to

(a) result in the loss of an outdoor sports facility;

(b) prejudice the existing use of an outdoor sports facility for
that purpose; or

(c) prevent the use of land, which was last used as an outdoor
sports facility, from being used again for that purpose,

To which the Scottish Sports Council (
sportscotland) has objected or has recommended
conditions which the planning authority does not intend to attach
to the planning permission. For the purposes of this paragraph
"outdoor sports facility" means land used as -

(a) outdoor playing fields extending to not less that 0.2ha used
for any sport played on a pitch;

(b) outdoor athletics tracks;

(c) golf courses;

(d) outdoor tennis courts, other than those within a private
dwelling, hotel or other tourist accommodation; and

(e) outdoor bowling greens.

(vii)
Marine Fish Farming Development

Marine fish farming development which may affect a site
designated as a controlled site under section 1 of the Protection
of Military Remains Act 1986 where the Secretary of State has
advised against the granting of planning permission or has
recommended conditions which the planning authority does not
propose to attach to the planning permission, or where the planning
authority proposes to attach conditions which the Secretary of
State has advised against.

3. Opencast coal and related minerals

Development consisting of works connected with the extraction of
coal by opencast methods, and other minerals extracted in
association with works to extract opencast coal, where the site
boundary falls within 500 metres from the edge of an existing
community or sensitive establishment.